In India, the playing of copyrighted music by DJs, hotels, and at public or private functions is regulated primarily under the Copyright Act, 1957, which provides legal protection to the creators and rights holders of musical works. According to the Act, musical compositions, lyrics, and sound recordings are considered distinct copyrighted works, and their use— especially in public—requires proper authorisation from the copyright owners or their representatives.
Public Performance and Communication to the Public:
The central concept governing the legality of playing music in public is "communication to the public" as defined under Section 2(ff) of the Copyright Act. When a DJ plays music at a wedding, a hotel streams background music in a restaurant, or songs are played at a corporate event or party, these acts are generally classified as public performances—even if the audience is limited or by invitation.
In such cases, the organiser, venue, or DJ must obtain a public performance license from the relevant copyright societies. These societies are authorised by law to issue licenses and collect royalties on behalf of music composers, lyricists, and recording companies. The most prominent among them are:
IPRS (Indian Performing Rights Society) – for lyrics and musical compositions.
PPL (Phonographic Performance Limited) – for sound recordings.
Licensing Requirements for DJs, Hotels, and Events:
DJs who play music in clubs, weddings, or private parties must obtain a performance license from PPL for using sound recordings, and from IPRS for the underlying musical works. Even if they have purchased the music legally, playing it in public without a license amounts to infringement. Hotels, restaurants, pubs, and lounges are required to secure annual or event-specific licenses from IPRS and PPL if they play music in their premises for guests. Playing music without these licenses is considered unauthorised use, and may attract legal action. Event organisers, including those managing weddings, corporate functions, or public gatherings, also need to acquire licenses. Even if an event is private, if music is played over loudspeakers or for a group beyond personal or family use, it qualifies as a public performance.
Legal Implications of Non-Compliance:
Using copyrighted music without obtaining the necessary licenses constitutes copyright infringement under Section 51 of the Copyright Act.
Infringers may face injunctions, seizure of equipment, damages, and even criminal penalties, including fines and imprisonment under Section 63. Indian courts have repeatedly upheld the rights of copyright holders in cases involving unauthorised performances at events and hotels.
Exception:
On July 24, 2023, the Department of Promotion of Industry and Internal Trade (DPIIT) issued a Public Notice about the exception contained in Section 52(1)(za) of the Act, read with the explanation thereto, it is evident that utilization of sound recordings in the course of religious ceremonies including marriage procession and other social festivities associated with marriage will not amount to copyright infringement and no license is required to be obtained for the said purpose.
Conclusion:
In summary, playing copyrighted music in any public setting—including by DJs, in hotels, restaurants, weddings, or private functions—requires proper licensing from IPRS and PPL. Simply buying a song or owning a music collection does not grant the right to perform it publicly. Organisers, performers, and venue owners must ensure legal compliance to avoid infringement. As awareness and enforcement grow, understanding and respecting these legal requirements is essential for anyone using music in public spaces.